Marshall v. California Supreme Courts et al

Filing 8

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Judge Yvonne Gonzalez Rogers on 1/22/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/22/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 10 11 12 13 No. C 12-00977 YGR (PR) ALEXANDER MARSHALL, aka ALEXANDER BAILEY, ORDER OF DISMISSAL Plaintiff, vs. CALIFORNIA SUPREME COURT, U.S. ATTORNEY, U.S. MARSHALS OFFICE, Defendants. 14 / 15 16 On October 25, 2012, the Court issued an Order Dismissing Complaint With Leave to 17 Amend and gave Plaintiff thirty days from the date of the Order to file an amended complaint 18 providing factual and legal bases for his claims. Plaintiff was warned that a failure to timely file an 19 amended complaint would result in dismissal for failure to prosecute. 20 21 22 The time for Plaintiff to file his amended complaint has passed, and no amended complaint has been filed. Accordingly, IT IS HEREBY ORDERED that the complaint in the above-captioned action is 23 DISMISSED for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The Court 24 has rendered its final decision on this matter; therefore, this Order TERMINATES Plaintiff's case. 25 The Clerk of the Court shall terminate all pending motions and close the file. 26 When and if Plaintiff is prepared to pursue his claims, he may file a new civil rights action. 27 The limitations period to file a § 1983 action in California is two years, but it is tolled for up to two 28 years during a continuous period of incarceration. See Silva v. Crain, 169 F.3d 608, 610 (9th Cir. 1 1999) (holding, pursuant to Cal. Civ. Proc. Code § 340(3), that the limitations period for filing a 2 § 1983 action in California is one year); S.B. 688 (amending Cal. Civ. Proc. Code § 340(3) and 3 adding § 335.1 to establish two-year residual limitations period for personal injury actions); Cal. 4 Civ. Proc. Code § 352.1(a) (providing for an additional two years of tolling during a period of 5 continual imprisonment). 6 7 IT IS SO ORDERED. DATED: January 22, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\YGR\CR.12\Marshall0977.dismiss-noAC.wpd 2

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